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Automakers Push Back Against New Pedestrian Safety Standards

Bright yellow pedestrian crossing sign with a silhouette of a walking person against a clear blue sky.

Auto emergency brake upgrade costs too much, carmakers say

Automakers are asking federal safety regulators to reconsider a rule requiring a substantial upgrade to standard automatic braking technology in all new passenger vehicles and light trucks.

Automatic Emergency Brake (AEB) technology detects imminent crashes and automatically applies a vehicle's brakes. It has been identified as a key factor in preventing fatal pedestrian accidents. Despite the clear benefits, auto manufacturers have voiced concerns about the cost and feasibility of implementing the upgraded standards required by the new rule.

Nationwide, pedestrian fatalities have experienced a 77 percent increase from 2010 to 2022, far outpacing other traffic-related deaths.

NHTSA mandates safer AEB for pedestrians by 2029

In 2021, Congress directed the National Highway Traffic Safety Administration (NHTSA) to establish minimum AEB technology performance standards for pedestrian protection and require the technology to come standard on all passenger vehicles. However, AEB systems are less effective at preventing fatal pedestrian accidents at night and/or involving high speeds. The new rule automakers are protesting addresses this safety gap.

Issued in April, the new NHTSA rule says that the industry must improve AEB systems to better protect pedestrians at night and high speeds in all new passenger vehicles by 2029. In addition, the automatic braking systems are expected to reduce rear-end accidents. Specifically, the new standard requires that all cars and light trucks be able to:

  • Stop and avoid contact with a vehicle in front of them at speeds up to 62 mph.
  • Detect pedestrians in both daylight and darkness.
  • Brake automatically at speeds up to 90 mph when a collision with a lead vehicle is likely.
  • Brake automatically at speeds up to 45 mph when a pedestrian is detected.

While the automotive industry acknowledges the importance of AEB technology, having voluntarily agreed to equip all new vehicles by 2025, the industry argues that the new rule’s requirements exceed current technological capabilities. The fear is that the necessary adaptations would significantly increase vehicle costs.

Washington State fatal pedestrian accident statistics

Pedestrian deaths are not mere statistics; they represent individuals, families, and communities shattered by preventable tragedies. In Washington State, pedestrian deaths have escalated dramatically. In 2019, there were 101 pedestrian deaths statewide. An estimated 146 pedestrians were killed in motor vehicle accidents in 2023, according to the Governors Highway Safety Association (GHSA).

AEB systems that better detect pedestrians at night and at high speeds may help prevent Washington State accidents because most of Washington's fatal pedestrian accidents happen at night. According to federal data, almost 75 percent of fatal pedestrian accidents—totaling 443 deaths—have taken place in the dark since 2018. Locally, fatal nighttime pedestrian accidents have occurred on I-5 and the loop outside the Vancouver Mall.

AEB would also reduce speeding-related fatal pedestrian accidents. Although, more rare, these catastrophic accidents still happen in Washington. Over the last five years, more than 30 pedestrians have died in accidents in which speed was a factor.

If you were hit by a car, count on Colin Scott to protect your rights

Advancements in AEB systems may significantly reduce these incidents, especially at night, when most fatalities occur, but drivers are still responsible for sharing the road with pedestrians. If you were injured or a loved one died in a pedestrian accident, it's important to have a clear understanding of your legal rights.

Contact The Scott Law Firm, PLLC, for a free consultation. Attorney Colin Scott understands how to build strong cases and achieve meaningful results for his clients. For instance, in one case, we obtained $397,000+ on behalf of a pedestrian who suffered a comminuted arm fracture after being hit by an inattentive motorist in a crosswalk. (Past results do not guarantee or predict similar outcomes in future cases)

A member of our team is available 24/7 to hear from you. We can answer your questions and explain your potential legal options.

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